Alien and Sedition Acts
Pulling directly from the Constitution argue whether the Alien and Sedition Acts were or were not constitutional?
The Constitution starts on page 130 of your textbook.
The Constitution starts on page 130 of your textbook.
posted by Mark Killian | 1:01 PM
4 Comments:
I do not think that the Alien and Sedition Acts were constitutional. It completely and specifically states in the first amendment that "Congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." I am very surprised that the Alien and Sedition Acts were even considered in early America, for it goes against everything that liberty truley means. The Acts were merely created by the Federalist party in attempt to put a stop to the growth of the Democratic-Republican party. The reason aliens were targeted by the Federalists was because aliens were known to vote against the Federalists. This idea of punishing any person who goes against the government is totally unconstitutional. What would freedom of speech be, if we were punished for using it? Also, amendment four states that there shall be no unreasonable search and seizure. This connects to the capturing of those who disagree with the government, and how it is unreasonable due to the stating of the first amendment.
Part of the Alien and Sedition Acts were wrong and part of them were right. The first law in the Alien Act was perfectly in the government's right. They had the authority to decide the rate of Naturalization, and although it wasn't necessary it is an expressed authority given to Congress. The next two laws I'm not so sure about because I don't know what rights were garunteed to aliens at that time, if any. I doubt any specific rights had been setup yet for aliens, since they had only recently setup of the citizen's rights. So I don't know if the laws about sending an alien away without trial would violate their rights. Again, this is another Act that isn't necessary, but still may be in the congress's enumerated powers.
The fourth law is a hands down violation of American rights. This constitution was signed by all states until there existed a Bill of Rights, so I'm certain the Bill exists during the time of the Sedition and Alien Acts. In the Bill of Rights it is specified that the people have the freedom of speech. And as long as that speech doesn't incite violence then it is perfectly legal. Only if a citizen's speech incited violence would it then become "necessary and proper" for the government to restrict their speech. Dissing the presidency in a newspaper won't rouse a mob into destroying the city, but not letting a newspaper dis the president might do that. Congress had no "right" nor "proper need" to restrict the freedom of speech of its citizens.
The Alien and Sedition Acts were contradictory. I believe that certain parts of these Acts were necessary and a parts of it were unecessary.The Acts were necessary because at this time America was still divided between Anti-federalist and Federalist. This is the exact thing that Washington warned the United States about in his farewell speech. He stressed unity and at this time America was still fighting with itself. The sedition acts put limits on the press and since the Federalist party was stronger than the Anti Federalist party it restricted the Anti Federalists party to not be able to publish any form of media. This was a victory for the federalists because through media people could be persuaded to join the Anti Fedralists and the acts kept America unified. I believe part of these acts were uneccesary because it limited immigration. This is contradictory because slaves were basically forced to live over here with the Americans. The question now is, Why is it okay for slaves to be here but not people from other foreign countries? I believe that it is understandable that America is on the brink of war with France and that our level of trust right now for other countries is not good. I think the main purpose of the Alien Sedition Acts is for security. It says in the acts that it raised the standard of citizenship from five years to fourteen years.The number of years is a test to see if America can trust a person as an immigrant, but if an immigrant was to get out of line the presidenet had the power to deport them or arrest them in times of war.
Remember, remember always, that all of us... are descended from immigrants and revolutionists.
Franklin D. Roosevelt
Franklin Roosevelt makes a very good point that America is full of immigrants and that it cannot be stopped entirely. Immigrants started America, so in a way we owe it to immigrants to treat them with respect. But in terms of the Alien and Sedition Acts I believe the basis behind this law is justified and is acceptable at this point of time.
I dont think that the Alien Acts were totally thought through when they were written in the constitution some parts of the Acts can be looked at as very well thought about but there are many parts where it just doesnt seem like the men who wrote it were thinking of the common person. I believe that the alien acts might have been too judgment so to say beacuse it is not fair that someone can kick a U.S citizen out of his or her own country. The Alien and Sedition acts basically say that if the U.S were ever in a war with another country and you happened to be from that opposing country that the goverment can tell you to leave. Which isnt really fair to do. Yes the goverment fought for their country and yes they should be able to do as they please but if you think about it, most of the people who were around the beginnings of our country came from all over europe to settle. Our country today is so diverse because of its open abilities to accept new people and i cant imagine what it must have been like to excape the previous country for American in search of a better life and to then have the goverment tell me to leave. I just dont think that these acts were well thought through.
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